The Court of Appeal has dismissed an appeal by Peter Lui against a VT6 million judgment entered by the Supreme Court against him.
This case stemmed from an incident on June 20, 2008 when Raymond Nasse, the Respondent in this appeal, was badly injured in a road accident in Port Vila, when he was hit by a truck driven by the Appellant, Mr Lui.
Nasse sued Lui for personal injuries and losses as a result of the negligence of the Appellant.
The Supreme Court ruled in favour of Nasse, awarding him VT6 million plus interest at the rate of 5 percent from the date of the judgement (January 2021) to the date of payment, including costs fixed at VT80,000.
Lui was adamant he did not drive negligently.
In his appeal, the Appellant confined it to the question of liability. In other words, he was putting the blame back on Nasse for being negligent on the public road.
Mr Lui argued in his appeal that the trial judge erred because he was not negligent at all, and that the Respondent was the cause of the accident by walking in front of his truck when the Respondent was very drunk.
But the Appeal Court did not accept this argument as evidence had shown that the Respondent was not drunk at that time and that the Appellant had driven his truck at high speed straight at Mr Nasse.